Preview of United States Supreme Court Cases

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Submissions from 2026 2026

Can a State Prohibit a Transgender Girl from Participating in Girls' Middle-School Sports Teams, Even When a Team Does Not Restrict Participation by Ability?, Steven D. Schwinn

Did the Secretary of Homeland Security Violate Federal Law by Terminating Temporary Protected Status Designations for Haiti and Syria?, Steven D. Schwinn

Does a Federal District Court Have Jurisdiction to Review a State-Court Decision That Remains Subject to Further Appeal in the State Courts?, Steven D. Schwinn

Does a Federal Statute That Criminalizes the Possession of Firearms by a Person Who "Is an Unlawful User of..Any Controlled Substance" Violate the Second Amendment?, Steven D. Schwinn

Does a State Violate the Fourteenth Amendment's Equal Protection Clause When It Prohibits Transgender Women and Girls from Participating in Women's and Girls' Sports Teams?, Steven D. Schwinn

Does President Donald J. Trump's Executive Order regarding Birthright Citizenship Violate the Fourteenth Amendment?, Steven D. Schwinn

Does the Alien Tort Statute or the Torture Victim Protection Act Allow a Judicially Implied Private Right of Action for Aiding and Abetting?, Steven D. Schwinn

Does the Federal Communications Act Violate the Seventh Amendment by Authorizing the Federal Communications Commission to Order the Payment of Monetary Penalties against a Carrier for Failing to Reasonably Safeguard Customer Data, without Guaranteeing the Carrier a Right to a Jury Trial?, Steven D. Schwinn

Does the Federal Insecticide, Fungicide, and Rodenticide Act Preempt a State-Law Label-Based Failure-to-Warn Claim Where the Environmental Protection Agency Has Not Required the Warning?, Steven D. Schwinn

Does the Immigration and Nationality Act Allow a Noncitizen Stopped on the Mexican Side of the U.S.-Mexico Border to Apply for Asylum?, Steven D. Schwinn

Does Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 Abrogate Cuban Corporations' Foreign Sovereign Immunity from Lawsuits in U.S. Courts under the Foreign Sovereign Immunities Act?, Steven D. Schwinn

Do Federal District Courts Have Authority to Toll the 30-Day Statutory Timeline for a Defendant to Remove a Case from State Court to Federal Court?, Steven D. Schwinn

Do the Federal Election-Day Statutes, Which Set a Particular Day as Election Day, Preempt a State Law That Allows the State to Count Ballots Cast by Election Day, but Received after Election Day?, Steven D. Schwinn

Is the New Jersey Transit Corporation an Arm of the State of New Jersey and Therefore Immune from Suit in Another State's Courts?, Steven D. Schwinn

May the President Remove a Member of the Federal Reserve Board of Governors for Alleged Mortgage Fraud before She Came to Office and without Providing Her an Opportunity to Respond to the Allegation?, Steven D. Schwinn

Submissions from 2025 2025

Can an E-Cigarette Manufacturer, Located in the Fourth Circuit, Appeal a Denial by the Food and Drug Administration of Its Application to Market E-Cigarette Products in the Fifth Circuit, if Retailers of the Manufacturer's Products Are Located in the Fifth Circuit?, Steven D. Schwinn

Can an Individual Sue a Government Official in Their Individual Capacity for Damages for Violations of the Religious Land Use and Institutionalized Persons Act of 2000?, Steven D. Schwinn

Can Congress Delegate to the Federal Communications Commission the Power to Determine, within Statutory Limits, the Amount That Providers Must Contrubte to a Fund to Subsidize Access to Telecommunications and Can the Federal Communications Commission, in Turn, Delegate This Authority to a Private Corporation?, Steven D. Schwinn

Can Texas Require Commercial Websites with More than One-Third Content That Is "Sexual Material Harmful to Minors" to Include Age Verification for Visitors?, Steven D. Schwinn

Can the Government Implement and Enforce Donald J. Trump's Executive Order That Purports to Redefine Birthright Citizenship under the Fourteenth Amendment as the Cases Challenging That Order Proceed in the Courts?, Steven D. Schwinn

Can the Recipient of a Non-Self-Executing Subpoena Lodge a Pre-Enforcement Challenge to the Subpoena in Federal Court on the Ground That the Subpoena Chills the Recipient's First Amendment Rights?, Steven D. Schwinn

Did Louisiana Unlawfully Discriminate by Race in Violation of the Fourteenth or Fifteenth Amendment by Drawing a Second Majority-Black District in Response to a Lower Court Ruling?, Steven D. Schwinn

Did Louisiana Violate the Equal Protection Clause When, after the Lower Courts Ruled That Its Original Congressional-District Map Violated the Voting Rights Act, It Drew a Second Majority-Black District?, Steven D. Schwinn

Did the Hobbs Act Require the District Court to Accept the Federal Communications Commission's Legal Interpretation of the Telephone Consumer Protection Act (TCPA) When a Private Party Brought a Case to Enforce the TCPA?, Steven D. Schwinn

Does a Plaintiff's Voluntary Dismissal without Prejudice Amount to "A Final Judgment, Order, or Proceeding" That Would Allow a Court to Reopen the Case under Federal Rule of Civil Procedure 60(b)?, Steven D. Schwinn

Does a State Violate the First Amendment's Religion Clauses When It Declines to Support a Religious Public Charter School Alongside Its Secular Public Charter Schools?, Steven D. Schwinn

Does Colorado's Law That Prohibits Mental Health Professionals from Providing "Conversion Therapy" to Minors Violate Free Speech?, Steven D. Schwinn

Does the Federal Ban on TikTok, and Application Owned by a Corporation with Significant Ties to China, Violate the First Amendment?, Steven D. Schwinn

Does the Federal Prohibition on Making "Any False Statement" to Influence Certain Federal Agencies and Financial Institutions Also Prohibit Making a Misleading Statement to Those Entities?, Steven D. Schwinn

Does the Federal Tort Claims Act Waive Sovereign Immunity and Allow a Person to Sue the Government When a Federal Officer Engages in a Wrong-House Raid?, Steven D. Schwinn

Does the First Amendment Allow Congress to Limit the Amount of Campaign Spending by a Political Party in Coordination with Candidates?, Steven D. Schwinn

Does the Independent Structure of the Federal Trade Commission Violate the Separation of Powers?, Steven D. Schwinn

Does the International Emergency Economic Powers Act Authorize the President to Impose Tariffs?, Steven D. Schwinn

Does the Nuclear Regulatory Commission Have Authority to License Private Entities to Temporarily Store Spent Nuclear Fuel Away from the Nuclear-Reactor Site That Generated the Spent Fuel, and Can an Entity Challenge the Agency's Decision-Making Process?, Steven D. Schwinn

Do Fuel Producers Have Standing to Challenge the Environmental Protection Agency's Waiver of Federal Auto Emissions Standards for California?, Steven D. Schwinn

Do Illinois Candidates for Office Have Standing to Challenge the State's Mail-in-Voting Law as a Violation of Federal Law, Which Specifies a Particular Day as the "Day of the Election"?, Steven D. Schwinn

Do the First Amendment's Religion Clauses Prohibit a State from Denying an Exemption from the State's Unemployment Compensation Program to a Religious Organization When That Organization Provides Secular Services?, Steven D. Schwinn

Do "Uniquely Federal Interests" That Emanate from the Federal Tort Claims Act's Combatant-Activities Exception Preempt State Tort Claims against a Government Contractor for Conduct That Breached Its Contract and Violated Military Orders?, Steven D. Schwinn

In Addition to Pleading the Ordinary Requirements of an Employment-Discrimination Claim, Does a Majority-Group Plaintiff under Title VII of the Civil Rights Act of 1964 Also Have to Show "Background Circumstances to Support the Suspicion That the Defendant Is That Unusual Employer Who Discriminates against the Majority"?, Steven D. Schwinn

Is an Order Denying a Government Contractor's Claim of "Derivative Sovereign Immunity" Immediately Appealable under the Collateral-Order Doctrine?, Steven D. Schwinn

Is Restitution under the Mandatory Victim Restitution Act a Criminal Penalty for the Purpose of the Constitution's Ex Post Facto Clause?, Steven D. Schwinn

The Court's Separation-of-Powers Cases, Steven D. Schwinn

Submissions from 2024 2024

Can Plaintiffs Sue a State in Federal Court for Just Compensation under the Takings Clause?, Steven D. Schwinn

Can the Government Impose a Set and Predetermined Fee on a Landowner Who Seeks to Develop His Property, Based Only on the Location of the Property and the Type of Development, without an Individualized Assessment of the Development's Public Costs?, Steven D. Schwinn

Consistent with the First Amendment, Can a State Restrict How Social-Media Platforms Moderate Content and Require Them to Provide Notice and an Explanation to Users When They Do?, Steven D. Schwinn

Did Government Officials Impermissibly Coerce or Significantly Encourage Social-Media Companies to Moderate Third-Party Content That the Government Deemed Dangerous?, Steven D. Schwinn

Did the Colorado Supreme Court Validly Exclude Former President Donald J. Trump from the State's 2024 Presidential Primary Ballot?, Steven D. Schwinn

Did the Food and Drug Administration Wrongly Deny Applications for Authorization to Market New e-Cigarette Products?, Steven D. Schwinn

Did the U.S. Food and Drug Administration Lawfully Remove Requirements for a Drug Used to Voluntarily Terminate a Pregnancy?, Steven D. Schwinn

Does a Civil Rights Plaintiff "Prevail" and Qualify for Attorney's Fees by Obtaining a Preliminary Injunction?, Steven D. Schwinn

Does a Consular Officer's Denial of a Visa to the Spouse of a U.S. Citizen Impinge upon a Constitutionally Protected Interest of the Citizen and, if So, Does the Officer's Mere Citation to the Unlawful-Activity Bar Provide Sufficient Explanation and Process?, Steven D. Schwinn

Does a Federal Law That Makes It a Crime to "Corruptly..Obstruct[], Influence[], or Impede[] Any Official Proceeding" Apply to a Person Who Participated in the Mob That Stormed the Capitol on January 6, 2021?, Steven D. Schwinn

Does a Former President Enjoy Immunity from Criminal Prosecution for Conduct Alleged to Involve Official Acts While in Office?, Steven D. Schwinn

Does a Plaintiff's Cause of Action Challenging an Agency Regulation Accrue When the Agency Adopted the Regulation, or When the Plaintiff Suffered Harm from It?, Steven D. Schwinn

Does Tennessee's Ban on Puberty Blockers and Hormone Therapy to Facilitate a Minor's Sex Transition Violate the Equal Protection Clause?, Steven D. Schwinn

Does the Bureau of Alcohol, Tobacco, and Firearms Have Authority to Regulate Bump Stocks as "Machineguns" under Federal Law?, Steven D. Schwinn

Does the Clean Water Act Authorize the Environmental Protection Agency to Impose Limitations on Combined Sewage and Stormwater Discharge Based on the Quality of the Receiving Water?, Steven D. Schwinn

Does the Federal Antibribery Statute Criminalize Payments to a State or Local Official after the Official Took the Actions in Question, and without Any Quid Pro Quo Agreement to Take Those Actions?, Steven D. Schwinn

Does the First Amendment Allow a Government Regulator to Threaten Regulated Entities with Adverse Regulatory Actions if They Do Business with a Controversial Speaker, as a Consequence of the Government's Own Hostility to the Speaker's Viewpoint or a Perceived "General Backlash" against the Speaker's Advocacy?, Steven D. Schwinn

Does the Gun Control Act of 1968 Authorize the Bureau of Alcohol, Tobacco, Firearms and Explosives to Regulate "Ghost Guns"?, Steven D. Schwinn

Does the National Bank Act Preempt a State Law That Requires Banks to Pay Interest on Mortgage-Escrow Accounts?, Steven D. Schwinn

Does the National Environmental Policy Act Require an Agency to Study the Environmental Impacts of an Action beyond the Proximate Effects of the Action over Which the Agency Has Regulatory Authority?, Steven D. Schwinn

Do the Federal Courts Retain Jurisdiction over a Case Challenging a Person's Inclusion on the No-Fly List Even after the Government Removed Him from the List and Said That It Would Not Relist Him ‘Based on Currently Available Information?', Steven D. Schwinn

Is a Police Officer Who Initiates a Baseless Criminal Charge That Causes an Unreasonable Seizure Liable for a Fourth Amendment Violation if the Officer Also Had a Separate, Valid Charge Based on Probable Cause?, Steven D. Schwinn

Must a Plaintiff Exhaust State Administrative Remedies in Order to Bring a State-Court Lawsuit under Federal Civil Rights Law?, Steven D. Schwinn

Must a Plaintiff Who Alleges That Officers Arrested Her in Retaliation for Protected First Amendment Speech Show That Officers Lacked Probable Cause for the Arrest, When the Plaintiff's Arrest Was Unique and When the Arrest Occurred over a Month after the Protected Speech?, Steven D. Schwinn

Must the Government Reimburse Hospitals for Medicare Patient Treatment Based on the Patient's Eligibility for Supplemental Security Income, Even if the Patient Did Not Qualify for Supplemental Security Income for the Month of Hospitalization?, Steven D. Schwinn

Should the Federal Courts Defer to an Administrative Agency's Interpretation of an Ambiguous Federal Statute?, Steven D. Schwinn

Trump v. Anderson and Trump v. United States: Seismic Shifts in the Separation of Powers, Steven D. Schwinn

Submissions from 2023 2023

Can a Nonprofit, Investigative Organization Sue the Financial Oversight and Management Board for Puerto Rico in Federal Court to Obtain Its Records and Communications?, Steven D. Schwinn

Can a Public Official Block Individuals from Their Social Media Page?, Steven D. Schwinn

Can Congress Tax Unrealized Sums on Overseas Investments without Apportionment among the States?, Steven D. Schwinn

Can the Federal Courts Review an Agency Decision Not to Cancel the Removal of a Non-Citizen "Permanent Resident" of the United States on the Ground That Removal Would Not "Result in Exceptional and Extremely Unusual Hardship" to the Person's Lawfully Present Family Member?, Steven D. Schwinn

Can the Government Deny a Trademark Because It Contains the Name of a Political Figure, without That Person's Written Consent?, Steven D. Schwinn

Can the Government Prohibit a Person Subject to a Domestic Violence Protective Order from Possessing a Firearm?, Steven D. Schwinn

Can the Government Remove a Noncitizen from the United States for Committing ‘an Offense Relating to Obstruction of Justice’ When the Crime Did Not Overlap in Time with a Pending Investigation or Judicial Proceeding?, Steven D. Schwinn

Did South Carolina Engage in Impermissible Racial Gerrymandering and Impermissible Dilution of Black Residents' Votes in Drawing Its Congressional District 1 (CD1) after the 2020 Census?, Steven D. Schwinn

Does a Disabled Person have Standing to Sue a Hotel under the Americans with Disabilities Act When They Encounter a Hotel's Online Reservation System That Fails to Include Information about the Hotel's Disability Accommodations, Even if the Person Does Not Intend to Patronize That Hotel?, Steven D. Schwinn

Does an Employer Violate Title VII of the Civil Rights Act of 1964 by Disciplining an Evangelical Christian Employee for Failing to Work on Assigned Sunday Shifts When the Employee's Failure Created at Least a De Minimus Burden on the Employee's Coworkers?, Steven D. Schwinn

Does Federal Tax Law Require the IRS to Notify Persons and Entities Identified in an IRS Summons ‘in Aid of the Collection’ of a Tax Debt, Even When the Delinquent Taxpayer Does Not Have a Direct Property Interest in the Subject of the Summons? And Can Those Persons and Entities Petition the Courts to Quash Such a Summons?, Steven D. Schwinn

Does Section 230 Immunize Interactive Websites from Lawsuits for Recommending Third-Party Content?, Steven D. Schwinn

Does the Fair Credit Reporting Act Authorize a Person to Sue the Government for Failing to Investigate and Remedy Incorrect Credit Information That the Government Reported to a Credit Reporting Agency?, Steven D. Schwinn

Does the Federal Criminal Prohibition against Encouraging or Inducing Unlawful Immigration Violate Free Speech?, Steven D. Schwinn

Does the Federal Labor Relations Authority Have Jurisdiction over Collective Bargaining Disputes between a State's National Guard and Its Dual-Status Technicians?, Steven D. Schwinn

Does the Secretary of Education Have Authority to Grant Partial Forgiveness for Federal Student Loans, and Do States and Individuals Have Standing to Challenge the Secretary's Action?, Steven D. Schwinn

Is a Defendant's Contemporaneous, Subjective Understanding or Belief about the Lawfulness of Its Conduct Relevant in Determining Whether It “Knowingly” Defrauded the Government in Violation of the False Claims Act?, Steven D. Schwinn

Is the Consumer Financial Protection Bureau's Payday Lending Rule Invalid because the Bureau Receives Its Budget from the Federal Reserve System, and Not a Direct Annual Appropriation from Congress?, Steven D. Schwinn

May States Intervene in a Challenge to a District Court Order Striking the Government's Title 42 Policy?, Steven D. Schwinn

Voting Rights and Election Law at the Court, Steven D. Schwinn

When a Party Appeals a District Court's Denial of a Motion to Compel Arbitration, Does the Appeal Require a District Court to Stay Proceedings in the Underlying Case?, Steven D. Schwinn

Submissions from 2022 2022

Can Congress Authorize Lawsuits against States for Discriminating against Servicemembers and Veterans Pursuant to Its War Powers?, Steven D. Schwinn

Can Individuals Sue State-Owned Nursing Homes for Violating Their Rights under the Federal Nursing Home Reform Act?, Steven D. Schwinn

Can the State of Washington Impose Particular and Unique Workers' Compensation Standards for Certain Workers Engaged in Cleanup of Radioactive Waste at a Federal Site?, Steven D. Schwinn

Did Harvard College and the University of North Carolina Impermissibly Use Race as a Factor in Their Admissions Decisions?, Steven D. Schwinn

Did the City of Boston Violate Free Speech When It Declined a Request by a Private Organization to Fly "the Christian Flag" on the City's Flagpole outside City Hall?, Steven D. Schwinn

Did the Department of Homeland Security in the Biden Administration Validly End the Migrant Protection Protocols Program, Started in the Trump Administration?, Steven D. Schwinn

Did the Department of Homeland Security Violate Federal Immigration Law When it Issued Guidelines That Prioritized Certain Noncitizens for Apprehension and Removal?, Steven D. Schwinn

Did the North Carolina Courts Violate the Elections Clause by Ruling That the Legislature's Map for Congressional Districts Violated the State Constitution and Issuing Their Own Temporary Replacement?, Steven D. Schwinn

Does a Colorado Law That Prohibits Discrimination by Sexual Orientation Violate a Website Designer's Free-Speech Rights?, Steven D. Schwinn

Does Alabama's 2021 Redistricting Plan for Its Seven Congressional Seats Violate the Voting Rights Act?, Steven D. Schwinn